Oct 9 2008 15:11 Oct 9 2008 14:07 P,02 ~~ a! : STATE OF FLORIDA | DEPARTMENT OF HEALTH : | Dw-S03 TP : DEPARTMENT OF HEALTH, | Petitioner, i v. Case No. 2006-13925 GOVINDAN NAIR, M.D., ! Respondent. | ADMINISTRATIVE COMPLAINT. : COMES NOW Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against Respondent, Govindan Nair, M.D., and in | support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 458, Florida Statutes. | 2. Atall times material hereto, Respondent was a icenbed medical doctor in the State of Florida, having been issued license number ME 50422: Pn ne Sat r aa ; a ae 3. | Respondent's address of record is'4820 Fifth Avenue-Nerth,-St Petersbutg, Florida 33713. . | 4. | Respondent practices in the area of diabetic medicine and endocringlogy. 5. | Onor about April. 25, 2006, Patient JM, a 48 year old fernale, 1 was admitted to Edward White Hospital (‘EWH”") for a left foot fracture and Calf pain secondary to deep vein thrombosis. 6. During: Patient JM's stay at EWH, she was evaluated on several ccrasions by Respondent, her long term endocrinologist. 7. | On or: ‘about April 25, 2006, Respondent fondled Patient JM during Respondent's examination of Patient JM. 8. | On or about April 26, 2006, Respondent again fondled Patient JM and kissed Patient JM on the mouth during Respondent's examination of Patient\M. | 9. | Onor about April 27, 2006, Respondent exposed Patient JM’s breasts and fondled her during Respondent’s examination of Patient JM. 10.; On or about April 30, 2006, Respondent fondied Patient. JM while using a stethoscope during Respondent's examination of Patient JM. 60'd 60-pl 8002 6 390 ZT:ST 8002 6 490 Oct 9 2008 15:11 Oct 9 2008 14:08 P.04 \w/ \ue! ! 11. Section 456.072(1\(u), Horida Statutes (2005), sets forth grounds for disciplinary action for engaging or attempting to lengage in sexual misconduct as defined and prohibited by Section 456.063(1), Florida Statutes. | 12. Section 456.063(1), Florida Statutes (2005), provides that sexual misconduct in the practice of a health care profession means violation of the professional relationship through which the heat care practitioner uses such relationship to engage or attempt to engage the patient or client in, or to induce or attempt to’ Induce such, person to engage in, verbal or physical sexual activity outside the scope of the professional practice of such health care profession. Sexual migconduct in the practice of'a health’ care’ profession is prohibited: mo -~-.-13,— Respondent-used- - his ~professional-relationship - to engage or “attempt to engage Patient JM, or to induce or attempt to induce Patient JM to engage in, verbal or physical sexual activity outside the scope of the .. professional practice of such health.care profession, in one or more of the following ways: ve ne NN RE HR Oct 9 2008 15:11 Oct 9 2008 14:08 P.05 Nw’ as a) By fondling Patient JM during Respondent's April 25, : | 2006, examination of Patient JM; ; b) By fondling and kissing Patient JM during Réspondent’s April 26, 2006, examination of Patient JM; | c) By exposing Patient JM’s breasts and fonding| Patent JM during Respondent's April 27, 2006, examination of Patient JM; d) By fondling and/or kissing Patient 3M during Réspondent’ April 30, 2006, examination of Patient JM. | 14. Based on the foregoing, Respondent Violated Section 456.072(1)(u), Florida Statutes (2005), by engaging or attempting to engage Patient JM in sexual misconduct. | WHEREFORE, Petitioner respectfully requests that the Board of Medicine enter an order imposing one or more of the following penalties: restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, corrective action and/or any other relief that the Board deems appropriate excluding suspension or revocation. Oct 9 2008 15:12 Oct 9 2008 14:08 P.06 wv | Y | Signed this [| day of — Peau ___., nos i M. Rony Francois, M.D., M.S. H,, Ph.D, Secretary, Department of Heat Assistant General Counsel Horida Bar No.: 0344140 DOH, Prosecution Services Un C-65 DEPARTMENT OF HALT 4052 Bald Cypress Way, Bin cum URL. Tallahassee, FL 32399-3265 pare_{Z/jnjrp 850.245.4640 ext.8140 850.245.4681 Facsimile [JR ct | PCP: Decemmber-8,-2006— ~ — mn PCP Members: Ashkar, Bearison & Beebe Oct 9 2008 15:12 Oct 9 2008 14:08 P.07 ww od NOTICE OF RIGHTS Respondent has the right to request a heari g to be conducted in accordance with Section 120.569 and 120.57, Florida Statutes, to be represented nd counsel) or other qualified representative, to present evi ence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested. NOTICE REGARDING ASSESSMENT OF costs Respondent is placed on notice that Petitioner ha Incurred costs related to the investigation and cution of this matter. Pursuant to Section 456.072(4), Florida | Statutes, the Board shall assess costs related to the Investigation and Prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed, ; | |

Docket for Case No: 08-005027PL